Draft 2015-06-15 An Arbitration Scheduling Order Drawing on the Manual for Complex Litigation for Faster, Less-Expensive Awards
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- Only the parties themselves can agree to override this Scheduling Order
AdministrationDefinitionsUnless otherwise indicated: “AAA Commercial Rules” refers to the Commercial Arbitration Rules (2013) of the American Arbitration Association (the “AAA”). “Arbitration Law” refers to the (U.S.) Federal Arbitration Act. “Arbitration Provider” refers to the AAA. “Case Administrator” refers to the Arbitration Provider’s administrator for this case. “Chronology” — see section 4.2. “Claim,” whether or not capitalized, refers broadly to a claim, counterclaim, cross-claim, and any other demand for relief or remedy. “Counsel,” whether or not capitalized, in the case of an unrepresented party, refers to the party him- or herself. Deadlines: Unless otherwise directed by the arbitrator, all deadlines and other time periods expire at exactly 5:00 p.m. in the Reference Time Zone (defined below). [For AAA-managed cases:] The term “filing” a document with the Arbitration Provider refers to: uploading a PDF copy of the document to the Arbitration Provider’s Web site, and notifying the Case Administrator and counsel for other parties and, if applicable, the arbitrator, by email, that the document has been filed, preferably with the PDF copy attached (but see below concerning the confidentiality of email), to allow the recipient to read the document quickly without having to log into the Arbitration Provider’s Web site. Such notification by email satisfies any requirement for service of the document on other parties and the arbitrator. “Reference Time Zone” means Central (U.S.) time, with daylight-savings time as in Chicago. “Rules” – see AAA Commercial Rules. “Stipulation”—see § 3.5. “Week 1” refers to the week in which the initial case-management conference call occurs; Weeks 2, 3, etc., have corresponding meanings. COMMENT: This Scheduling Order is set up in terms of weeks beginning with Week 1; the definition of Week 1 can be adjusted to accommodate the desires of the parties and the schedules of their counsel. References to sections are to those of this Scheduling Order unless otherwise indicated. Only the parties themselves can agree to override this Scheduling OrderThis arbitration proceeding is “owned,” and ultimately controlled, by the parties, as distinct from the parties’ arbitration counsel. When the parties agreed to arbitration, they implicitly stated their desire to reduce expense and delay as much as possible while still providing each side with a fair opportunity to present its case. This Scheduling Order has been adopted—in consultation with the parties’ counsel—pursuant to AAA Commercial Rule R‑21(b), which urges the parties and the arbitrator to “discuss and establish a procedure for the conduct of the arbitration that is appropriate to achieve a fair, efficient, and economical resolution of the dispute.” The arbitrator will generally approve any modification or waiver of this Scheduling Order that has been agreed to, either in writing or orally at a case-management conference call, by (1) each party that is a natural person, and (2) an authorized in-house representative of each other party, for example a management representative or in‑house counsel of the party. COMMENT: The requirement of a party sign-off for modifications of discovery limitations, the hearing date, etc., should help to keep costs down and the case moving. Otherwise, in the arbitrator’s discretion, the arbitrator may decline to give effect to a proposed modification or waiver of this Scheduling Order, even if the modification or waiver was agreed to by the parties’ counsel. COMMENT: See, e.g., AAA Commercial Rule R‑23, which states in part that “[t]he arbitrator shall have the authority to issue any orders necessary to enforce the provisions of rules R‑21 and R-22 and to otherwise achieve a fair, efficient and economical resolution of the case.” See also Thomas J. Stipanowich, Arbitration: The New Litigation, 2010 Ill. L. Rev. 1. Under Rule R‑23(d), the arbitrator may issue enforcement orders, for example, “in the case of willful non-compliance with any order issued by the arbitrator, drawing adverse inferences, excluding evidence and other submissions, and/or making special allocations of costs or an interim award of costs arising from such non-compliance.” When multiple parties exist on the same side of the case (e.g., multiple claimants or multiple respondents): Any group of two or more aligned parties may agree in writing to a proxy procedure by which one party has authority to speak for the other members of that group for purposes of approving a modification or waiver of this Scheduling Order under § 3.2.3. A copy of the written proxy-procedure agreement, signed by or on behalf of each member of the group, is to be served on all other parties and on the arbitrator. COMMENT: An agreed proxy procedure for approving modifications to the case plan could take the form of, e.g., requiring a majority vote of the group members on an issue-by-issue basis; it could also take the form of designating one member of the group, in advance, to speak for the other group members on one or more particular issues. Directory: docs docs -> Application for acem docs -> Observational Assessment of Teaching Practices Teaching Assessment Initiative Proposal Submitted to The Teachers for a New Era project docs -> Traditional British values docs -> From Warfighters to Crimefighters: The Origins of Domestic Police Militarization docs -> Borzoi Club of America Register of Merit Program I. 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